R. RANI KASTURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A private complaint is filed under Sec. 200 of Cr.PC alleging that the petitioner - accused without disclosing the pendency of the suit in OS No.2708/2008 has sold the subject property to the 2nd respondent and caused loss of Rs.25,50,000.00. The learned Magistrate referred the matter for investigation to the police under Sec. 156(3) of Cr.PC. The police have registered the FIR for the offences punishable under Ss. 406 , 418 , 420 , 423 , 427 of IPC against the petitioner. Taking exception to the same, this petition is filed.

(2.) The learned counsel for the petitioner submits that the allegations made in the complaint does not constitute the commission of offence alleged against him. He further submits that the offences alleged against the petitioner are cognizable and the complaint is not accompanied by an affidavit for having complied with Ss. 154(1) and 154(3) of Cr.PC and the same is not maintainable in view of the decision of the Apex Court in the case of Priyanka Srivastava and Ors. vs. State of U.P. and Ors . reported in (2015)6 SCC 287.

(3.) On the other hand, the learned High Court Government Pleader appearing for the 2nd respondent submits that the allegations made in the complaint clearly discloses the commission of offences alleged against the petitioner - accused. The police have rightly registered the FIR and the same does not warrant any interference.